Time Limit for Wrongful Termination CA

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Latest post Thu, Jul 1 2010 12:14 PM by LynnM. 6 replies.
  • Thu, Jul 1 2010 3:43 AM

    • Corrie
      Consumer
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    Time Limit for Wrongful Termination CA

    Anyone know if there is a time limit to have an attorney file a wrongful termination claim?  And or if the time limit can be waived if I file it myself?
    Thanks

  • Thu, Jul 1 2010 6:55 AM In reply to

    Re: Time Limit for Wrongful Termination CA

    First lets start with what wrongful termination means under the law:  it means you were fired because of your race, gender, religion, national origin, age, disability, or pregnancy.  Were you terminated for one of those reasons?  If you were you have 180 days from the incident to file a complaint with the EEOC and have them issue a right to sue letter.  Once you have that letter from the EEOC you have 90 days to find a lawyer and bring a lawsuit.  Without the right to sue letter from the EEOC most lawyers won't take the case.

    If you file pro se (on your own) you can expect to have your employer's lawyer ask the court for a summary dismissal and since you aren't a lawyer you won't know the law or court procedures and will likely lose and the dismissal will be granted.  You could then be held liable for your employer's attorney fees.

    "And or if the time limit can be waived if I file it myself?"

    Time limits are not waived regardless of who files.

    Some more facts about your situation would be helpful.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Thu, Jul 1 2010 8:50 AM In reply to

    • cbg
      Consumer
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    Re: Time Limit for Wrongful Termination CA

    There is more than one type of wrongful termination under the law, and the statute of limitations depends on the type of case you believe you have.

    If it is an EEOC case, as described above, you have 180 days (300 days in some states) from the most recent instance of discrimination/harassment to file a complaint with the EEOC. Somewhere between six months and two years after that, you will receive a right to sue letter, and you have 90 days from the receipt of the right to sue letter to file a lawsuit.

    If, however, you have a wrongful termination claim due to FMLA issues, or workers comp issues, or union activity issues, or something else altogether, then the SOL can be quite different.

    Why do you believe that your termination was wrongful? It makes a difference, as you can see.

  • Thu, Jul 1 2010 9:00 AM In reply to

    • Corrie
      Consumer
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    • CA
    • Posts 3

    Re: Time Limit for Wrongful Termination CA

    Well... I was reading some laws (I forget exactly which one it fell under) and I know it is illegal to fire an employee because of 1 wage garnishment.

    My former employer who was a guarantor on a company sponsored credit card (which could only be used at that company's store/warehouse) guaranteed payment should I default on the card.   Well, I defaulted (and no I get it I'm not proud of being irresponsible however what they did to me was beyond unfair) .. about a year after I got the card and the default started about 8 months before I was terminated.  The agreement stated steps if I should default.  One which was for the Company to start garnishing paychecks in a 26 week installments - or - to deduct it from final paycheck should employment be terminated or ended.  

    It's very obvious to me that my problems started (work issues) right after I had defaulted on the credit card.   The time line makes such perfect sense - and my work ethics and behaviors didn't change from when I started working there. 

    I started getting written up for any and everything that I was never written up for before - nor anyone was written up for these same things. 

    But this happened in 2006 - So my question again is about statute of limitations.. Are there any for this and if so - has my time pretty much passed?

    I appreciate any replies!


  • Thu, Jul 1 2010 9:10 AM In reply to

    Re: Time Limit for Wrongful Termination CA

    "I started getting written up for any and everything that I was never written up for before - nor anyone was written up for these same things."

    It is legal to write up one employee for infractions and not others.  You have no way of knowing if the others weren't written up.  Most employers and those written up don't publicly discuss it.  Unless they wrote you up because of a Title VII reason: age, race, gender etc. then it's legal.  i.e.  They write up all men:  illegal.  They write up just you because they have decided they don't like you:  legal.

    "But this happened in 2006 - So my question again is about statute of limitations."

    Yes, even bringing your own suit the statutes have tolled by at least a year if not two.  Sorry.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Thu, Jul 1 2010 10:45 AM In reply to

    • cbg
      Consumer
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    • Joined on Thu, Dec 21 2000
    • MA
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    Re: Time Limit for Wrongful Termination CA

    Agreed; even under CA's more favorable state laws, the time has passed when you can file any kind of wage claim.

  • Thu, Jul 1 2010 12:14 PM In reply to

    • LynnM
      Lawyer
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    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Re: Time Limit for Wrongful Termination CA

    It's too late - and I doubt you had a strong claim anyway.

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